Legal Opinion
United States v. Robert F. Combs
Court of Appeals for the Ninth Circuit
Decided December 18, 2006No. 05-30486PublishedCited by 104 opinions
1Opinion of the Court
KOZINSKI, Circuit Judge:
We consider two questions left unanswered by United States v. Ameline, 409 F.3d 1073 (9th Cir.2005):(1) By what standard do we review a district court’s determination that a defendant’s sentence would not have been materially different, had it known that the Guidelines were advisory rather than mandatory? And, (2) may a defendant raise new claims of error during the course of an Ameline remand?
Facts
Defendant was sentenced during the interregnum between Blakely v. Washington, 542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004), and United States v. Booker, 543 U.S.…
2Cases cited7 opinions
- United States v. BookerSupreme Court of the United States · 2004
- Blakely v. WashingtonSupreme Court of the United States · 2004
- United States v. Alfred Arnold AmelineCourt of Appeals for the Ninth Circuit · 2005
- United States v. Zameer Nooralla Mohamed, AKA Al, AKA Samier Hussain, AKA Zameer MohamedCourt of Appeals for the Ninth Circuit · 2006
- United States v. Bert Douglas MontgomeryCourt of Appeals for the Ninth Circuit · 2006
2 more not listed; retrieve them via the Exa API.
3Cited by104 opinions
- United States v. Art Williams, Roland OnaghinorCourt of Appeals for the Second Circuit · 2007
- United States v. ThorntonCourt of Appeals for the Ninth Circuit · 2008
- United States v. Bernardo SanchezCourt of Appeals for the Ninth Circuit · 2009
- United States v. BirdingroundCourt of Appeals for the Ninth Circuit · 2008
- United States v. Perez-TapiaCourt of Appeals for the Ninth Circuit · 2007
99 more not listed; retrieve them via the Exa API.